Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com SRAVANABELAGOLA DIGAMBER JAIN MUZRAI INSTITUTIONS MANAGEMENT RULES, 1967 CONTENTS 1. Title and application 2. Definitions 3. Constitution of the Committee 4. Secretary 5. Disqualifications 6. Disability 7. Sub-Committee 8. Powers and Functions of the Committee 9. Meeting of the Committee 10. Powers and duties of the Secretary 11. Fund of the Institutions 12. Application of the fund of the Institutions 13. Budget 14. Accounts and audit 15. Jewels and costly articles 16. Dabbi or Golka 17. Leases of immovable properties 18. Dharmadarsis not to be appointed for the Institutions 19. Savings 20. Repeal SCHEDULE 1 :- SCHEDULE SRAVANABELAGOLA DIGAMBER JAIN MUZRAI INSTITUTIONS MANAGEMENT RULES, 1967 In exercise of the powers conferred by Sections 7 and 41 of the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act 7 of 1927) and in supersession of the Sravanabelagola Jain Muzrai Institutions Rules, 1965, published in Notification No. GSR 502 (RD 172 MZD 64), dated 3rd April, 1965, the Government of Karnataka hereby makes the following rules, namely. 1. Title and application :- (1) These rules may be called the Sravanabelagola Digamber Jain Muzrai Institutions Management Rules, 1967. (2) They shall apply to the Muzrai Institutions at Sravanabelagola specified in the Schedule. 2. Definitions :- In these rules, unless the context otherwise requires. (i) "Act" means the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act 7 of 1927); (ii) "Chairman" means the Chairman of the Committee; (iii) "Commissioner" means the Commissioner for Religious and Charitable Endowments in Karnataka; (iv) "Committee" means the Committee of Management constituted under these rules; (v) "Funds" means the funds constituted out of the income of the institutions; (vi) "Institutions" means the Muzrai Institutions at Sravanabelagola specified in the Schedule; (vii) "Member" means a member of the Committee; (viii) "Schedule" means the Schedule to these rules; (ix) "Secretary" means the Secretary of the Committee; (x) "State Government" means the Government of Karnataka; (xi) "Sub-Committee" means a Sub-Committee of the Committee; (xii) "Swamiji" means the presiding swami for the time being of Sri Jain Matha at Sravanabelagola; (xiii) "Vice-Chairman" means the Vice-Chairman of the Committee. 3. Constitution of the Committee :- (1) There shall be a Committee called the Committee of Management for the management of the institutions and it shall have such powers and perform such duties as are provided in these rules. (2) The Committee shall consist of. (i) the Swamiji who shall be the Chairman of the Committee; (ii) the President of the All India Digamber Jain Thirthakshetra Committee, who shall be ex officio Vice-Chairman; (iii) one other Vice-Chairman elected by the twenty-four members referred to in clause (iv) hereof from among themselves; (iv) twenty-four members appointed by the State Government. (3) The twenty-four members of the First Committee shall be appointed by the State Government from among the members of Digamber Jain Community in the following manner in consultation with the Swamiji, namely. (a) Twelve members who are Kannadigas by birth or domiciled in the State of Karnataka; (b) Nine members who are citizens of India by residing in any other State of India; (c) Three members from among the members of the Civil Service of 1[the State Government or persons working in the public sector undertakings, public companies, statutory boards or any other public corporations, owned and controlled by the State Government, who shall be not below the rank of Group 'A' Senior Scale Officer of State Civil Services or equivalent thereto;] (d) Appointment of members referred to in clauses (a) and (f) shall be made in consultation with All India Digamber Jain Tirthak- shetra Committee, and such other Digamber Jain Associations as the State Government may consider expedient. (4) One-third of the twenty-four members appointed under clause (iii) of sub-rule (2) shall retire as soon as may be on the expiration of every third year: provided that one-third of the members of the First Committee who shall retire on the expiration of the third year, the sixth year and the ninth year shall be determined by the State Government. A retiring member shall be eligible for re-election. 2[Provided*** 3 [Provided further that notwithstanding the expiry of the said period a member shall continue in office till a member is appointed in his place.] (5) In the event of a vacancy arising out of retirement, death, resignation or otherwise of any member falling under any one of thf categories referred to in clauses (a), (b) or (c) of sub-rule (3), such vacancy shall be filled up by appointment of any other person falling under the same category by the State Government in consultation with the Chairman of the Committee. Vacancies in the categories referred to in clauses (a) and (b) of sub-rule (3) shall be filled up after consultation with the other members of the Committee and the Associations referred to in clause (a) of sub-rule (3). (6) Any person appointed to fill a vacancy other than a vacancy arising by virtue of retirement under sub-rule (4) shall hold office only so long as the member in whose place he is appointed would have held office if the vacancy had not occurred. 1. Substituted for the words "the State of Karnataka" by GSR 148, dated 27/29-8-1991, w.e.f. 5-9-1991. 2. Amendment not secured. 3. Second proviso inserted by GSR 148, dated 27/29-8-1991, w.e.f. 5-9-1991. 4. Secretary :- 1 [The State Government shall appoint any officer of the State Government] who is a person professing the Digamber Jain religion, to be the Secretary of the Committee in consultation with the Swamiji. 1. Substituted for the words "The Commissioner shall appoint an officer of the Endowment Department or of the Revenue Department" by GSR 180, dated 20-5-1974, w.e.f. 6-6-1974. 5. Disqualifications :- A person shall be disqualified from being appointed as, and from being a member of the Committee. (i) if he is not more than twenty-one years of age; (ii) if he is a person who does not profess the Digamber Jain religion; (iii) if he has been convicted by a Criminal Court for any offence; (iv) if he is an undischarged insolvent; or (v) if he is of unsound mind; or (vi) if, in the opinion of the State Government, he has been indulging in acts against the interests of the Institutions. 6. Disability :- If any member. (i) absents himself from three consecutive meetings of the committees without permission of the Committee; or (ii) leaves India permanently; or (iii) absconds and his whereabouts are not known for a period of one year; or (iv) becomes subject to any of the disqualifications specified in Rule 5; the Committee shall declare his office vacant. 7. Sub-Committee :- The Committee may appoint a Sub-Committee or Sub-Committees for such purposes as it deems fit, provided however, that the Chairman of every Sub-Committee shall be from among the members of the Committee. 8. Powers and Functions of the Committee :- (1) The Committee shall supervise and control all secular and religious matters relating to the institutions. (2) In particular, and without prejudice to the generality of the power under sub-rule (1), the Committee shall. (a) supervise and make arrangements for the day-to-day worship and other religious ceremonies pertaining to the institutions; (b) make proper and effective arrangements for the Mahamasthak- abhisheka at periodical intervals; (c) provide for the comforts and conveniences of the pilgrims; (d) supervise, manage, develop, renovate and repair the buildings belonging to the institutions; (e) supervise and provide for the management of the funds and the moveable and immoveable properties belonging to the institutions; (f) undertake social, religious and benevolent activities; (g) collect, receive or accept funds, donations and gifts on behalf of the institutions; (h) discharge such other duties as are incidental to the duties specified in the preceding clauses; (i) fix or modify the sevartha fees. 9. Meeting of the Committee :- The meetings of the Committee shall be held at least once in three months. Emergent meetings may also be called for either by the Chairman or on a requisition by any eight members of the Committee. One-third of the members shall form the quorum and in any adjourned meeting the quorum shall be one-fourth of the total membership. 10. Powers and duties of the Secretary :- (1) The Secretary shall be in- charge of the day-to-day administration of the institutions, receive all moneys due to the institutions and make disbursements on behalf of the institutions. (2) The Secretary shall be in-charge of all the movable properties and the records belonging to the institutions. (3) The powers of appointment and removal of the servants of the institutions and the authority to take disciplinary proceedings against them shall vest in the Secretary and every order made by the Secretary in this behalf shall be subject to confirmation of the Committee. (4) The Secretary shall be responsible for the proper up-keep and maintenance of the institutions and for the proper performance of the daily services or periodical festivals in accordance with the usage and custom of the institutions. (5) The Secretary shall maintain true and proper accounts supported by vouchers or all receipts and disbursements of the institutions. (6) No person other than the Secretary or any other person or persons so authorised by the Committee, shall be entitled to receive any money on behalf of the institutions or to make disbursements out of the moneys belonging to them. (7) The Secretary shall be responsible for the preparation and submission of the budget and other periodical returns. (8) The Secretary shall be in-charge of the office of the Committee and shall issue notices and attend to all other duties relating to the convening of the meeting of the Committee and Sub-Committees in consultation with the Swamiji. 11. Fund of the Institutions :- (1) The following shall constitute the fund of the institutions, namely. (i) all rents from lands and other properties of the institutions; (ii) interest received on investments; (iii) interest on endowments; (iv) Dabbi or Golka collections and sevartha fees; (v) offering and donations; (vi) grants, loans and advances from Government; (vii) all proceeds of land and other property sold; (viii) such other income as may accrue to the institutions from time to time. (2) So much of the fund as in the opinion of the Committee is necessary for the running expenses of the Institutions shall be deposited in a Scheduled Bank in the name of the Committee to be operated upon by the Secretary and a member to be appointed by the Committee jointly and the balance of the fund shall be invested in the securities specified in Section 23 of the Indian Trust Act, 1882 (Central Act 2 of 1882) or in the Scheduled Banks in the name of the Committee and it shall be operated upon jointly by the Secretary and a member appointed by the Committee. (3) The Committee shall take steps to recover all outstandings due to the Institutions. 12. Application of the fund of the Institutions :- The fund of the institutions shall be applied subject to the provisions of the Act and these rules for. (i) repayment of loans and advances sanctioned by the Government of Karnataka from time to time for meeting the expenditure on the items of work connected with the scheme of development of Sravanabelagola as a place of pilgrim-cum-tourist centre sanctioned by Government in G.O. No. RD 48 MZC 63, dated 3rd February, 1965 with such rate of interest on the aforesaid loans and advances as may be fixed by Government from time to time, and it shall be the first charge on the fund of the institution; (ii) the schemes sanctioned by the Government from time to time for the development of Sravanabelagola as a place of pilgrimage and tourist centre, construction of multistoreyed buildings, cottages as a part of the first stage of development of the New Township in Sravanabelagola; (iii) construction of temporary township in connection with conduct of Mahamasthakabhisheka ceremony at Sravanabelagola and ceremonies and other charges connected with the above; (iv) the maintenance, management and administration of the institutions; (v) the expenses of daily and periodical religious rites in the institutions; (vi) the construction and maintenance of Dharmasalas and resthouses for the use of pilgrims; (vii) the provision of water supply and the making of sanitary arrangements for the convenience of pilgrims; (viii) the undertaking of any work authorised by the Government in conformity with the objects of the institutions; (ix) the acquisition of any immovable property for the purposes of the institutions; and (x) such other purposes as the Committee may determine for discharging the duties entrusted to the Committee. 13. Budget :- (1) The Secretary shall prepare a budget estimate of the income and expenditure of the institutions before such date as the Committee may specify for the year commencing from the first day of April and submit the same to the Committee. The Committee may approve the budget with such modifications as it deems fit. The budget as approved by the Committee shall be submitted to the Commissioner at least one month before the expiry of the previous accounting year. The Commissioner may approve the budget with such modifications as he may consider necessary. (2) The Secretary shall prepare a special budget for the Mahamasthakabhisheka and it shall be dealt with in the same manner as an ordinary budget [referred to in sub-rule (1)]: Provided that the special budget shall be sent to the Commissioner at least one year before the commencement of the First Religious ceremony connected with the Mahamasthakabhisheka, and the budget shall be subject to the sanction of the Government with such modifications as it may consider necessary. 14. Accounts and audit :- The accounts of the institutions shall be maintained and audited in such a manner as the Commissioner may, by order, determine. 15. Jewels and costly articles :- (1) Jewels and other costly articles of the institutions not required for daily use shall be kept in a separate safe in one of the institutions to be specified by the Committee. (2) No jewels or other properties belonging to the institutions shall be pledged, exchanged, lent, converted or sold without the previous sanction of the Committee. (3) The Committee or Sub-Committee shall check and verify the jewels and other costly articles every year and submit a report of such verification to the Commissioner. 16. Dabbi or Golka :- The Dabbis or Golkas shall be kept at such places and the keys thereof kept in the custody of such persons and shall be opened subject to such conditions as the Committee may direct. 17. Leases of immovable properties :- All leases of the lands, buildings and other immovable properties of the institutions shall be made through public auction by the Secretary and shall be subject to confirmation by the Committee: Provided that leases other than by public auction may be made with the previous sanction of the Commissioner. 18. Dharmadarsis not to be appointed for the Institutions :- For the management of the institutions, Dharmadarsis shall not be appointed under Section 6 of the Act, and the Dharmadarsis appointed before the commencement of these rules shall cease to be the Dharmadarsis of the institutions from the date of the commencement of these rules. 19. Savings :- (1) The provisions of these rules shall be applicable to the management of the institutions notwithstanding anything inconsistent with any rule made by the State Government under the Act regulating the management of Muzrai Institutions. (2) Subject to the provisions of sub-rule (1), the rules made under the Act in respect of Muzrai Institution shall continue to be applicable to the institutions. 20. Repeal :- The Sravanabelagola Jain Muzrai Institution Management Rules, 1965 are hereby repealed. SCHEDULE 1 SCHEDULE SCHEDULE 1 1. Sri Gomateswaraswamy temple 2. Upparika Sri Brahmedevaru 3. Bharata Bhujabali Basthi 4. Siddarabasthi 5. Chandannanavara Basthi 6. Hosa Basthi 7. Jaruguppe Brahmedavaru 8. Vadagal Basthi Adiswaraswamy 9. Sri Paraswanathaswamy Dodda-basti 10. Shanthinathaswamy Basthi 11. Kattalabasthi Paraswanathaswamy 12. Chandraprabhaswamy Basthi 13. Shasanda Basthi 14. Suparaswanathaswamy Basthi 15. Chamundarayana Basthi 16. D. Memegala Basthi 17. Yaradukatte Adiswaraswamy Basthi 18. Terina Basthi Gomateswaraswamy 19. Gandarava Basthi Shanteeswaraswamy 20. Kadi Basthi Shanteeswaraswamy 21. Akkana Basthi 22. Danasala Basthi 23. Siddanata Basthi 24. Nagara Janalaya Basthi 25. Mangaya Basthi Ananthapadmanabha Basthi 26. Sree Bandarasa Basthi 27. Mijjagannana Basthi Chikkbotta 28. Chandraguptara Basthi 29. Gule Padmavammanavar Basthi 30. Chikkalannanavar Basthi 31. Sri Matada Basthi 32. Eswara Devalaya 33. Jain Mutt 34. Sri Jinnedevarau.